21253. Misnrandlngr   of   Sea   Moss   Farlne.     II.   S.   v.   7  Boxes   of   Sea   Moss
Farlne. Default decree of condemnation, forfeiture, and destruc- 
tion.    (F. & D. no. 30590.    Sample no. 34514-A.)
This case involved a product known as " Sea Moss Farine ", which contained 
undeclared sulphur dioxide. The statement of the quantity of the contents 
of the packages appeared inconspicuously on the label; it possessed no tonic 
properties as claimed; and it was also labeled to convey the impression that 
blanc mange, puddings, and custards could be made from the article, whereas 
it was only one of several ingredients of such foods.
On June 13, 1933, the United States attorney for the District of Massachu- 
setts, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of seven boxes of Sea Moss 
Farine at Lynn, Mass., alleging that the article had been shipped in interstate 
commerce on or about January 13, 1933, by the Lyon Manufacturing Co., from 
Brooklyn, N.Y., and charging misbranding in violation of the Food and Drugs 
Act as amended. The article was labeled in part: " Sea Moss Farine * * * 
For Puddings, Custards * * * This Packet will yield sixteen quarts of 
blanc mange * * * It combines the ' Fragrance of the Sea Breeze' with its 
Tonic Properties * * * 4 Oz. Net Av. Wt. * * * Lyon Mfg. Co. * * * 
Brooklyn, N.T."
It was alleged in the libel that the article was misbranded in that it con- 
tained sulphur dioxide and the presence of this added abnormal ingredient 
was not declared on the label. Misbranding was alleged for the further reason 
that the statements, " Will yield * * * blanc Mange for Puddings, Cus- 
tards &c" and " Tonic properties", were false and misleading and deceived 
and misled the purchaser. Misbranding was alleged for the further reason 
that the article was food in package form and the quantity of the contents was 
not plainly and conspicuously marked on the outside of the package.
On July 10, 1933, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.